specific relief act
Adv B.B.Gambhir #9814820602
(Querist) 21 July 2011
This query is : Resolved
i had filed a suit for specific performance of contract for directing the defendant to register the sale deed and deliver the possession on the basis of agreement to sell. in the alternative i had claimed the relief of returning of earnest money alongwith 12% interest. the lower court has passed the decree in my favour qua the returning of earnest money i.e. rs. 400000/- along with interst @9% p.a. but before the decision of suit, the value of property has gone upto 75 lac. now if i wish to file the apeal against the order for not directing to register the sale deed because i do not want money back but i had claimed. will my appeal be considered or not the court may dismissed my appeal by saying that i had claimed alternative relief the same has been given to me. court had granted alternative relief on the plea that the opposite party had proved that there was no agrement only money transactions were taken place.
N. AKSHAY BERI
(Expert) 21 July 2011
Its better you should respect the judgment passed by the court. Because at the time of filing of the suit it was well within your knowledge that the price of the proprety cn iincrease in near future and still you claimed alternative relief. At that time you might be under doubt that if possession was not delivered to me than what.
So when alternative relief was claimed by you now you cannot claim the same on this fact.
Advocate Bhartesh goyal
(Expert) 21 July 2011
Mr N.Akshay is absolutely right court has passed the decree on the claim of your alternative relief so now you can not go back honour the judgment of court.
R.Ramachandran
(Expert) 22 July 2011
I completely agree with the above views.
M V Gupta
(Expert) 23 July 2011
You have stated that the court has granted the alternative relief on the ground that there was no agreement for sale. Is this conclusion correct? If u feel that there are sufficient documentary and other evidence to the contrary, u should go in appeal against the judgement and press for specific performance of the agreement.
